Chair
Pro-Tem Johnson opened the hearing with the Pledge of Allegiance and asked for
public comment on the County Budget and Land Use Code. No one from the audience
addressed the Board regarding these topics.

Chair
Pro-Tem Johnson explained
that the following item was on today’s consent agenda and would not be
discussed unless requested by the Board, staff, or members of the audience:

1. MCMURRY
RANCH LOTS 13 & 14 AMENDED PLAT AND KOEPP LOT SIZE APPEAL, FILE #09-S2924:
This is a
request to amend the plat of McMurry Ranch to adjust the boundary lines between
two lots to allow a driveway access to be located on the property it serves.
The request also includes a lot size appeal, as one of the lots will be decreased
slightly in size.

No
neighbors have voiced any objections to this proposal. Additionally, the
following Larimer County agencies have stated that they have no objections to
this proposal: Engineering Department Development Review Team, Addressing
Section, Code Compliance Section, and the Department of Health and Environment.
Comments received from the Land Surveyor of the Larimer County Engineering
Department identify some required corrections to the plat.

Staff
has found that the proposed plat amendment will not adversely affect any
neighboring properties or any county agency nor will it result in any
additional lots.

Staff
recommends approval of the Amended Plat of McMurry Ranch Lots 13 & 14 and
the Koepp Lot Size Appeal, file #09-S2924, subject to the following conditions (and
authorization for the chair to sign the plat when the conditions are met and
the plat is presented for signature):

1. The final
plat shall be recorded by July 4, 2010, or this approval shall be null and
void.

2. Prior
to the recordation of the final plat, the applicant shall make the technical
corrections requested by the Land Surveyor of the Larimer County Engineering
Department.

2. LAND
USE CODE AMENDMENTS REGARDING 1041 (SOLAR), FILE #09-CA0102:
This is a
request to amend Section 14.4 of the Larimer County Land Use Code to include
the following:

14.4. Designated Matters of State Interest.

K. Siting
and development of any solar energy power plant, including solar energy
collectors, power generation facilities, facilities for storing and
transforming energy, and other appurtenant facilities, that together disturb an
area greater than five acres, or any addition thereto that expands the
disturbed area. This designation shall not include roof mounted solar
systems located on existing permitted principal and accessory buildings.

The
Planning Commission considered the proposed code amendments at their hearing on
December 16, 2009. At that time, Carol Dollard, Colorado State University
Facilities Department, presented testimony concerning the two-MW photo-voltaic
system recently developed on the Foothills Campus. The system occupies 15-acres
and is the second largest system in Colorado and one of the largest on any
college campus in the country. Ms. Dollard expressed concern that the proposed
regulations might have a chilling effect on potential funding and partnerships
involved in putting together this type of project. There was no additional
public testimony.

The
Planning Commission discussed the 1041 Appeals process (Sec. 14.7 of the Land
Use Code) as a method of considering potential projects to determine if 1041
review was necessary, given the specific characteristics of the project and
location.

The
Planning Commission voted unanimously to recommend approval of the amendment to
the Board of County Commissioners.

Ms.
Bennett reviewed the proposed amendment and explained that solar power plants,
such as those listed above, occupy large areas of land. Therefore, it is only
sensible to base designation and consideration of proposed facilities on the
amount of area consumed.

Commissioner
Donnelly thanked Ms. Bennett for all of her work on 1041 processes and
procedures.

M
O T I O N

Commissioner
Donnelly moved that the Board of County Commissioners approve the Amendments to
Section 14, Matters of State Interest, of the Larimer County Land Use Code,
file #09-CA0102.

Planning
Commission Chair Wallace opened the hearing and asked for public comment on the
Land Use Code not related to medical marijuana. No one from the audience
addressed the Board regarding these topics.

1. LAND
USE CODE AMENDMENTS REGARDING MEDICAL MARIJUANA, FILE #09-CA0104:
This is a
request to review proposed changes to the Larimer County Land Use Code
regarding medical marijuana. Currently, the code does not have land use
classifications for medical marijuana cultivation, processing, or dispensing
and those operations are not specifically addressed by the 2006 International
Building Code. Concerns about the cultivation and sale of medical marijuana
include proximity to day cares and schools, the use, storage and disposal of
chemicals, and the evaluation of the appropriate zoning districts and review procedures
for the various land uses. In addition, the Sheriff’s Office and municipal law
enforcement agencies have voiced anxiety about the secondary effects of medical
marijuana operations.

In
November 2000, Colorado voters approved Amendment 20 to the Colorado
Constitution, which allows patients who have received a medical marijuana
registry card issued by the Colorado Department of Public Health and
Environment the right to engage in the lawful use of marijuana for medicinal
purposes. Placement on the registry requires a physician recommendation (not a
prescription) for treatment of a number of medical conditions including, but
not limited to, severe pain, severe nausea, seizures, and persistent muscle
spasms. According to the Department of Public Health, severe pain is a
reported condition for 90% of all registrants and muscle spasms are the
second-most reported condition at 29% (patients can declare more than one
condition).

Placement
on the registry allows a patient to possess two ounces of marijuana or up to
six marijuana plants, three of which can be flowering at any one time. A
patient may choose to transfer that “allowance” to a designated care-giver who
“has significant responsibility for managing the well-being of a patient who
has a debilitating medical condition.” A patient may only designate one primary
care-giver and there is no registry of care-givers. Beyond the definition of a
primary care-giver, there are no regulations related to care-giver criteria and
there is no limit to the number of patients a care-giver can manage.

Only
patients and care-givers can cultivate and/or dispense medical marijuana and
only patients are allowed to use medical marijuana. The Constitution references
patients, physicians, and primary care-givers but makes no reference to
dispensaries and provides no guidance regarding land use regulations for the
cultivation, processing, or sale of medical marijuana.

The
recent proliferation in medical marijuana dispensaries statewide is the result
of a number of changes both at the state and federal levels.

In
2004, the Department of Public Health and Environment created an administrative
guideline that a primary care-giver could care for only five registered
patients in total. In 2007 a Denver District Judge overturned this limitation
because of concerns regarding the process by which the guideline had been
adopted, including the fact that there were no public hearings regarding the
limitation.

In
July of 2009, the Department of Public Health and Environment expanded the
definition of primary care-giver to include those whose sole contact with the
patient was the provision of medical marijuana. The expanded definition has
been subject to court action with no decisive conclusion to date.

In
October of 2009, a new federal policy was adopted that stated although the
manufacture, distribution, possession, and use of marijuana is prohibited by
federal law, federal law enforcement agencies should not seek to prosecute
marijuana cases in which the defendant is in compliance with state medical
marijuana laws. Colorado is one of fourteen states that allows for the
use of medical marijuana.

With
no limit to the number of patients for which a care-giver may provide, a low
threshold for being considered to be a primary care-giver, and removal of the
threat of federal prosecution, the number of medical marijuana dispensaries in
Colorado has expanded in recent months as has the number of registered
patients. The most recent statistics from the Colorado Department of Public
Health and Environment, from August 31, 2009, state that there were 1,296
medical marijuana patients registered in Larimer County which is 9% of the
total number of registered patients in Colorado.

Counties
and municipalities throughout the state have had to determine how to regulate
medical marijuana as it potentially affects land use within the county. Some
jurisdictions have enacted bans, some jurisdictions have fit medical marijuana
uses into existing regulations (treating dispensaries as a retail use for
example), and some jurisdictions have created new land use regulations specific
to medical marijuana. Several jurisdictions, including Fort Collins and
Loveland, have enacted, or are contemplating enacting, moratoriums on medical
marijuana dispensaries.

The
private growing and use of medical marijuana by individual patients is not a
land use concern as long as the number of plants grown and their use complies
with Department of Health regulations; however, the growing, processing, and
dispensing of medical marijuana on a commercial scale requires land use
regulations. To date, Planning and Building staff have not approved any
new uses related to medical marijuana in unincorporated Larimer County,
although there could be active operations that are unknown or that have not
received land use approval. Inquiries have been received seeking to
establish a cultivation operation, a combined cultivation and processing
operation, and two potential dispensary sites in unincorporated Larimer County
but none of those inquiries have resulted in formal land use requests.

On December 7, 2009, the Board of County Commissioners approved a 7-month
moratorium on permits or licenses related to the operation of businesses that
cultivate, process, or dispense medical marijuana and the establishment of any
business, occupation, or operation relating to those activities. The purpose of
the moratorium is to allow Larimer County time to adopt Land Use Code
amendments for those uses.

The moratorium covers all of unincorporated Larimer County
including unincorporated property within the Estes Valley Planning Area. The
Community Development Department of the Town of Estes Park reviews land use
planning and zoning applications for the Estes Valley through an
intergovernmental agreement with Larimer County. If the proposed Land Use Code
amendments are approved, Planning staff recommends that the Board of County
Commissioners retain the moratorium in the Estes Valley Planning Area but
revoke the moratorium for the remainder of unincorporated Larimer County.

The proposed Land Use Code amendments define “Medical Marijuana Dispensary”
as “the use of any property or structure to sell, distribute, transmit, give,
dispense, or otherwise provide medical marijuana in accordance with Section 14,
Article XVIII of the Colorado Constitution.” The proposed amendments also define
“Medical Marijuana Grow Facility/Operation” as “the use of any property or
structure where marijuana plants are grown to sell, distribute, transmit, give,
dispense, or otherwise be provided in accordance with Section 14, Article XVIII
of the Colorado Constitution.”

The code amendments would allow Medical Marijuana Dispensaries and
Medical Marijuana Grow Facility/Operations through the Special Review process
in the C-Commercial and I- Industrial zoning districts and would establish
standards for those uses. The Code amendments would also modify the definition
of a home occupation to exclude medical marijuana dispensaries and medical
marijuana grow facilities/operations from being operated as a home occupation.

The
proposed amendments are as follows:

A. In
Sections 0.1 (Definitions) and 4.3.10.B (Home occupation), amend the definition
of home occupation as follows:

Home
occupation.
A business use conducted as a customary, incidental, and accessory use in the
resident's dwelling unit, attached garage or detached building, including
office work, the making of art or crafts, trade uses, the providing of personal
or professional services, and similar activities, and including retail sales of
products produced on the premises and products clearly incidental, secondary
and ancillary to the home occupation. Uses specifically excluded from home
occupations include vehicle repair or similar activities, medical marijuana dispensaries,
and medical marijuana grow facilities/operations.

B. In
Sections 0.1, add definitions for the following:

Medical
marijuana dispensary.
The use of any property or structure to sell, distribute, transmit, give,
dispense, or otherwise provide medical marijuana in accordance with Section 14,
Article XVIII of the Colorado Constitution.

Medical
marijuana grow facility/operation
. The use of any property or structure
where marijuana plants are grown to sell, distribute, transmit, give, dispense,
or otherwise be provided in accordance with Section 14, Article XVIII of the
Colorado Constitution.

C. Amend
the C – Commercial (Section 4.1.18) and I – Industrial (Section 4.1.19) zoning
districts to allow a medical marijuana dispensary and medical marijuana grow
facility/operation by Special Review (S). List these uses under the
“Commercial” category and renumber the remainder of the section:

12. Medical
marijuana dispensary (S) See section 4.3

13. Medical
marijuana grow facility/operation (S) See section 4.3

D. Amend
the zoning table inset in Section 4.1 to include the following in the C and I
zoning districts:

Category

Use

Zoning Dist. C
& I

Commercial

Medical
Marijuana Dispensary

S

Commercial

Medical
Marijuana Grow Facility/Operation

S

E. Add
the following to Section 4.3.3, Commercial Uses, and renumber the remainder of
the section:

F. Medical
marijuana dispensary.
The use of any property or structure to sell, distribute, transmit, give,
dispense, or otherwise provide medical marijuana in accordance with Section 14,
Article XVIII of the Colorado Constitution.

Medical Marijuana
Dispensaries Must Comply with the Following Standards:

1. Medical
marijuana dispensaries shall not be located within 500-feet of any existing:
public or private school; principal campus of a college, university or
seminary; residence; church or religious institution; drug or alcohol
rehabilitation facility; public community center or publicly owned or
maintained building open for use by the general public; public park or
playground; or licensed child care facility.

a. The
distance referred to in this section is to be computed by direct measure from
the nearest property line of the land used for the purposes itemized in
paragraph 1 above to the nearest portion of the building in which the medical
marijuana is to be dispensed.

2. Medical
marijuana dispensaries shall comply with any and all applicable state statutes
and regulations, including but not limited to any licensing and reporting
requirements.

3. No
medical marijuana dispensary shall cause or add to an undue concentration of
such dispensaries and/or medical marijuana growing facilities in any area
within unincorporated Larimer County.

4. Medical
marijuana dispensaries shall have a fixed physical location and shall not
operate a mobile dispensary. Reasonable delivery services to registered
patients consistent with any conditions of approval are excluded from this
restriction.

5. Medical
marijuana dispensaries may only operate between the hours of 8:00 a.m. and 8:00
p.m., Monday through Saturday.

6. Medical
Marijuana dispensaries shall not permit smoking or consumption of medical
marijuana on their premises.

7. Medical
marijuana dispensaries shall implement appropriate security measures to deter
and prevent the unauthorized entrance into areas containing medical marijuana
and the theft of medical marijuana, to include at minimum, security cameras,
locks, and safes.

8. No
medical marijuana dispensaries shall be located within 20-miles of a Colorado
State border.

Note:

Any medical
marijuana dispensary in existence and in operation within the unincorporated
territory of Larimer County prior to (date of adoption) which did not
obtain special exception approval for that use from the Larimer County Board of
County Commissioners is an illegal use. Such uses must obtain Special Review
zoning approval in order to be a legal conforming use in Larimer County.

Approval by the county
of a Special Review application for a medical marijuana dispensary is in no way
a finding that such operations are consistent with or allowed by any other laws
or regulations other than Larimer County land use regulations. Any operator of
a medical marijuana dispensary is responsible for complying with any other
legal requirements and the consequences of any non-compliance. Approval of a
medical marijuana dispensary through the Larimer County Special Review process
is not a defense to any state or federal criminal charges.

G. Medical
marijuana grow facility/operation
. The use of any property or structure
where marijuana plants are grown to sell, distribute, transmit, give, dispense,
or otherwise be provided in accordance with Section 14, Article XVIII of the
Colorado Constitution.

Medical Marijuana
Grow Facilities/Operations Must Comply with the Following Standards:

1. Medical
marijuana grow facilities/operations shall not be located within 500-feet of
any existing: public or private school; principal campus of a college,
university or seminary; residence; church or religious institution; drug or
alcohol rehabilitation facility; public community center or publicly owned or
maintained building open for use by the general public; public park or
playground; or licensed child care facility.

a. The
distance referred to in this section is to be computed by direct measure from
the nearest property line of the land used for the purposes itemized in
paragraph 1 above to the nearest portion of the building in which the medical
marijuana is to be dispensed or grown.

2. Medical
marijuana grow facilities/operations shall comply with any and all applicable
state statutes and regulations, including but not limited to any licensing and
reporting requirements.

3. No
medical marijuana grow facility/operation shall cause or add to an undue
concentration of such medical marijuana growing facilities/operations and/or
medical marijuana dispensaries in any area within unincorporated Larimer
County.

4. Medical
marijuana grow facilities/operation shall have a fixed physical location and
shall not operate as a mobile growing facility.

6. Medical
marijuana grow facilities/operations shall implement appropriate security
measures to deter and prevent the unauthorized entrance into areas containing
medical marijuana and the theft of medical marijuana, to include at a minimum,
security cameras, locks, and safes.

7. No
medical marijuana grow facilities/operations shall be located within 20-miles
of a Colorado State border.

Note:

Any medical
marijuana grow facility/operation in existence and in operation within the
unincorporated territory of Larimer County prior to (date of adoption)
which did not obtain special exception approval for that use from the Larimer
County Board of County Commissioners is an illegal use. Such uses must obtain
Special Review zoning approval in order to be a legal conforming use in Larimer
County.

Approval by the county
of a Special Review application for a medical marijuana grow operation/facility
is in no way a finding that such operations are consistent with or allowed by
any other laws or regulations other than Larimer County land use regulations. Any
operator of a medical marijuana grow facility/operation is responsible for
complying with any other legal requirements and the consequences of any
non-compliance. Approval of a medical marijuana grow facility/operation through
the Larimer County Special Review process is not a defense to any state or federal
criminal charges.

Mr.
Whitley presented the proposed amendments as written above and Ms. Haag explained
to both commissions that the amendments were based on a bill set to go before
state authorities during the upcoming legislative session.

Mr.
Morgan asked staff why the proposed amendments did not mirror the requirements
and restrictions in place for liquor licenses. Mr. Ressue stated that the proposed
state bill will probably include licensing guidelines, not under the authority
of the county.

Commissioner
Donnelly asked why staff had proposed limiting the establishment of a
dispensary or grow facility within 20-miles of the Colorado State border. Mr.
Whitley stated the restriction was included to mirror proposed state
regulations, seemingly to prevent trafficking of a controlled substance.

Mr.
Hart asked staff what municipalities within the county were doing to address
this issue. Mr. Whitley stated that all municipalities located within Larimer
County have placed moratoriums on both medical marijuana grow facilities and
dispensaries and are currently reviewing similar codes and restrictions. Mr.
Hart stated the county should not consider allowing dispensaries within its
jurisdiction as patients’ needs will be adequately addressed by operations in other
municipalities.

There
was discussion between both commissions and staff regarding the restriction of
operations within 20-miles of the state border and whether operations would be
allowed in the PD-Public Development zoning area.

Planning
Commission Chair Wallace opened the hearing to public comment.

Cindy
Hayden addressed the Board and explained that her son opened a medical
marijuana dispensary in unincorporated Larimer County, near Loveland, in an
area zoned C-Commercial. Ms. Hayden said her son completed all of the
necessary applications for the business and made it very clear that the
business would be a dispensary; however, he received a cease and desist order
from Larimer County. Ms. Hayden stated she did not feel this was fair.

Commissioner
Johnson thanked Ms. Hayden and Mr. Krepel for trying to run a legal business.

Tony
Katsmakis addressed the Board and requested they remove the restriction of
dispensary and grow facility locations within 500-feet of a residence. Mr.
Katsmakis stated that it is unfair to disallow dispensaries or grow facilities
near residences because individuals could possibly reside in I-Industrial and
C-Commercial zoning areas.

Sheriff
Alderden addressed the Board with concerns that some of the proposed
regulations are not adequately defined. He noted that the definitions of both a
grow facility/operation and dispensary may unintentionally include
primary-care-givers, which are allowed and defined within Amendment 20. Sheriff
Alderden also expressed concern that the proposed security requirements are not
strict enough.

Chris
Ralph also expressed concerns about security, specifically the requirement for
public notification. Mr. Ralph stated that if a primary-care-giver were
required to notify surrounding land owners, as required for all special
reviews, the safety of the patient, grower, and marijuana plants would be
compromised.

Dr.
Nancy Smith and Luke Weaver requested the proposed amendments be modified to
include increased distances from dispensaries or grow facilities and schools.
Both stated that increased exposure to medical marijuana operations could lead
to increased temptations and/or illegal use of marijuana.

Wes
Melander, John Clifton, Kirk Pederson, and Travis Cutbirth all addressed the
Board with concerns about impeding the rights of primary-care-givers. Many
stated that they currently care for friends or family members who use medical
marijuana but are unable to cultivate their plants. If the amendments are
approved in their current form, primary-care-givers would not be allowed to
cultivate plants in their residences for use or consumption by registered
patients.

Albert
Walsh expressed concern that the proposed amendments would restrict grow
facilities to be large-scale commercial operations, which would create
environmental hazards due to large amounts of chemical waste.

Sean
Dougherty addressed the Board and questioned the county’s ability to regulate
security requirements via the land use code.

Many
of the above individuals also expressed displeasure with the proposed closure
of dispensaries on Sunday; arguing that if liquor stores are allowed to sell
liquor on Sundays, dispensaries should be allowed to sell marijuana.

Planning
Commission Chair Wallace closed public comment and much discussion ensued
between the Planning Commission, and staff regarding zoning,
primary-care-givers, and whether all of the proposed regulations were within
county jurisdiction.

Ms.
Haag stated that because the growth and distribution of medical marijuana are
so different from other county authorized land uses, both require unique
standards and restrictions. Ms. Haag also cautioned both commissions to weigh
the contradiction of federal and state laws regarding marijuana consumption.

Mr.
Hart reiterated his stance that the county should not consider allowing
dispensaries within its jurisdiction as patients’ needs will be adequately met
by operations in other municipalities.

M
O T I O N

Planning
Commissioner Morgan moved that the Larimer County Planning Commission recommend
approval of the Land Use Code Amendments Regarding Medical Marijuana, file
#09-CA0104, subject the following modifications:

2. Sections
4.3.3.F.1 shall be amended to read, “Medical marijuana dispensaries shall not
be located within a minimum of 1,000-feet of any existing: public or private
school; principal campus of a college, university or seminary; residence;
church or religious institution; drug or alcohol rehabilitation facility;
public community center or publicly owned or maintained building open for use
by the general public; public park or playground; or licensed child care
facility.”

3. Sections
4.3.3.G.1 shall be amended to read, “Medical marijuana grow
facilities/operations shall not be located within a minimum of 1000-feet of any
existing: public or private school; principal campus of a college, university
or seminary; residence; church or religious institution; drug or alcohol
rehabilitation facility; public community center or publicly owned or
maintained building open for use by the general public; public park or
playground; or licensed child care facility.”

Planning
Commissioner Hess seconded the motion.

Motion
carried 6-2, Planning Commissioners Hart and Cox dissenting.

Commissioner
Donnelly thanked staff, the Planning Commission, and the public for their work
and input. He requested removal of Sections 4.3.3.F.8 and 4.3.3.G.7,
establishing 20-foot buffers between medical marijuana dispensaries or medical
marijuana grow facilities/operations and the Colorado State border. Commissioner
Donnelly also requested Sections 4.3.3.F.1 and 4.3.3.G.1 be amended to require
a distance no less than 1000-feet between medical marijuana dispensaries or
medical marijuana grow facilities/operations and facilities frequented by
children; while requiring a distance no less than 500-feet from all other
facilities.

Chair
Pro-Tem Johnson thanked staff and the Planning Commission for their hard work
and dedication. He cautioned staff and the public that these amendments are a
good starting point; however, they are not a final product and, in the future,
will probably require multiple revisions. He further emphasized the need to
make balanced regulations to allow the use of medical marijuana to continue and
thanked potential medical marijuana business owners for striving to conduct
their business in a legal manner.

M
O T I O N

Commissioner
Donnelly moved that the Board of County Commissioners approve the proposed Land
Use Code amendments, file #09-CA0104, to retain the moratorium on the
establishment of medical marijuana dispensaries and medical marijuana grow
facilities/operations in the Estes Valley Planning Area and revoke the
moratorium for the remainder of unincorporated Larimer County, subject to the
following modifications:

1. R
emove Sections
4.3.3.F.8 and 4.3.3.G.7.

2. Sections
4.3.3.F.1 shall be amended to read, “Medical marijuana dispensaries shall not
be located within a minimum of 1000-feet of any existing: public or private
school; principal campus of a college, university or seminary; public park or
playground; or licensed child care facility. Medical marijuana dispensaries
shall also not be located within 500-feet of any existing residence; church or
religious institution; drug or alcohol rehabilitation facility; or any public
community center or publicly owned or maintained building open for use by the
general public.”

3. Sections
4.3.3.G.1 shall be amended to read, “Medical marijuana grow
facilities/operations shall not be located within a minimum of 1000-feet of any
existing: public or private school; principal campus of a college, university
or seminary; public park or playground; or licensed child care facility. Medical
marijuana grow facilities/operations shall also not be located within 500-feet
of any existing: residence; church or religious institution; drug or alcohol
rehabilitation facility; or any public community center or publicly owned or
maintained building open for use by the general public.”

1. PUBLIC
COMMENT:
Gary Oquinn, Jim Fry, Paul Westover, Deedee Wieggel, Larry Newman, Roy Helmut,
Shirley Preut, Lee Tucker, and Herb Burkhalter addressed the Board to voice
their disgust with the Boxelder Stormwater Authority Board and the contract
employee, Rex Burns. All cited the distribution of misleading and incorrect
information, boundary disputes, and unfair exemptions as some of the reasons for
their escalating distrust in both the Authority and Mr. Burns.

Many
questions were raised about regarding a letter sent by Mr. Burns to some
landowners in the basin, which many recipients considered unprofessional and careless.
As a result, many consider Mr. Burns under-qualified for his current position.

Chair
Pro-Tem Johnson thanked everyone for informing the Board of their concerns. He
explained that while he and Commissioner Donnelly did not preside on the Board of
County Commissioners at the time the Authority was established, they are both
working to fix the problems that have arisen and are striving to help residents
and the Authority move forward in a professional and productive manner.

2. BOARD
REORGANIZATION:

M
O T I O N

Commissioner
Donnelly moved that the Board of County Commissioners appoint Commissioner
Steve Johnson as the Chair for 2010 and authorize him to buy and sell real
estate upon approval of the Board.

Motion
carried 2-0.

M
O T I O N

Commissioner
Johnson moved that the Board of County Commissioners appoint Commissioner Tom
Donnelly as the Chair Pro-Tem for 2010 and authorize him to buy and sell real
estate, in the absence of the Chair, upon approval of the Board.

Motion
carried 2-0.

M
O T I O N

Commissioner
Donnelly moved that the Board of County Commissioners designate the Northern
Entrance of the Larimer County Courthouse building located at 200 West Oak
Street in Fort Collins, as the public place in which notice of meetings of the
Board of County Commissioners are posted.

Motion
carried 2-0.

M
O T I O N

Commissioner
Donnelly moved that the Board of County Commissioners appoint the Board Chair,
Commissioner Steve Johnson, as the person responsible for receiving and
reviewing any formal problem solving requests by the direct reports to the
County Manager or County Attorney.

Motion
carried 2-0.

M
O T I O N

Commissioner
Donnelly moved that the Board of County Commissioners approve designation of the
following proxies for each Colorado Counties Incorporated Steering Committee:

1. Agriculture,
Wildlife, and Rural Affairs Committee – Neil Gluckman

2. Tourism
and Resorts Committee – Gary Buffington

3. General
Government Committee – Neil Gluckman

4. Health
and Human Services Committee – Kathy Snell

5. Land
Use and Natural Resources Committee – Neil Gluckman

6. Public
Lands Committee – Neil Gluckman

7. Taxation
and Finance Committee – Neil Gluckman

8. Transportation
and Telecommunications Committee – Neil Gluckman

Motion
carried 2-0.

3. REVIEW
OF THE SCHEDULE FOR THE WEEK OF JANUARY 11, 2010:
Ms. Hart
reviewed the upcoming schedule with the Board.

4. CONSENT
AGENDA:

M
O T I O N

Commissioner
Donnelly moved the Board of County Commissioners approve the consent agenda as
presented below:

ABATEMENT:
As
proposed by the County Assessor, the following Petition for Abatement is
presented for approval: Roger and Diane Pilant.

01052010R001 FINDINGS
AND RESOLUTION APPROVING THE COUNTY ROAD 27 AND COUNTY ROAD 44H ROAD NAME
APPEAL

01052010R002 RESOLUTION
REGARDING DEPOSIT OF 2010 FUNDS BY COUNTY TREASURER